Allan Coleman

Allan has a wide-ranging practice, with particular emphasis on corporate and securities disputes. He has developed significant expertise in advising public companies involved in litigation arising from major mergers and acquisitions and other business-critical transactions.

Allan also represents public issuers in class proceedings relating to alleged misrepresentations made in prospectuses, financial statements and other public disclosure documents. In addition, as part of his securities litigation practice, he has advised public companies and registrants in the context of inquiries and investigations by the Ontario Securities Commission. Allan also has extensive commercial litigation experience, including class action defence work and conducting complex commercial arbitrations, including disputes arising from asset purchase agreements and shareholder agreements. He also is a co-author of The Oppression Remedy, with David Morritt and Sonia Bjorkquist.


Representative Work

  • Successfully represented Jazz Aviation in a complex cost benchmarking arbitration against Air Canada
  • American International Group, Inc. and AIG Financial Products Corp. in the first putative class action brought under the  Securities Act against a foreign issuer in respect of  alleged misrepresentations in its financial statements
  • Atomic Energy of Canada Limited in an application for judicial review brought by Sierra Club of Canada relating to the sale of CANDU reactors to China, including a successful appeal to the Supreme Court of Canada establishing the principles governing the granting of protective orders
  • CanWest Global Communications Corp. in a successful motion for summary judgment against Hollinger International Inc. and in a related multi-million dollar arbitration
  • Cara Operations Limited before the Ontario Securities Commission in a successful application to cease trade the poison pill of Second Cup Limited adopted in response to Cara Operations take-over bid
  • Various entities controlled by Carl Icahn in proceedings before the British Columbia Securities Commission and the British Columbia Supreme Court in connection with a take-over bid for Lions Gate Entertainment Corp
  • Chapters Inc. in response to a take-over bid by Trilogy Retail Enterprises Inc., including numerous appearances before the Ontario Securities Commission and a successful application to disqualify a law firm for conflict of interest that was upheld by the Ontario Court of Appeal
  • Goldcorp Inc. in a claim brought by Barrick Gold Corporation in respect of Goldcorp’s acquisition of a 70% interest in the El Morro mining project in Chile
  • Greater Toronto Airports Authority and the Ottawa Macdonald-Cartier International Airport Authority in a dispute arising from the insolvency of Skyservice Airlines
  • Magna International in proceedings before the Ontario Securities Commission in connection with a plan of arrangement involving its controlling shareholder
  • Sears Holdings Corporation in proceedings before the Ontario Securities Commission arising from its take-over bid for Sears Canada
  • Two officers of SunOpta Inc. in a securities class action in respect of alleged misrepresentations made in the financial statements of Sunopta
  • An automotive industry manufacturer in a multi-million dollar arbitration arising from the termination of a supply agreement

Latest Insights

  • Osler Update Nov 21, 2023

    Ontario court refuses to exclude U.S. shareholders from class: the ‘day of reckoning’ had not yet dawned

    The Ontario Superior Court certified a global class in a securities class action against a Toronto-based company, even though U.S. shareholders who...

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    Ontario court refuses to exclude U.S. shareholders from class: the ‘day of reckoning’ had not yet dawned
  • Blog Dec 7, 2020

    SEC announces first charges against a public company for misleading investors about the financial effects of the pandemic

    On Friday, December 4, 2020, the Securities and Exchange Commission announced in a press release that it had settled charges against The Cheesecake...

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    SEC announces first charges against a public company for misleading investors about the financial effects of the pandemic
  • Osler Update Dec 22, 2017

    Livent decision and the scope of auditor liability

    In a significant decision on December 20, 2017, the Supreme Court of Canada provided important guidance on the scope of responsibility of auditors in...

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  • Osler Update Nov 1, 2017

    The SCC considers who bears the risk of a fraudulent cheque: the drawer or the bank?

    In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada clarified the “fictitious” or “non-existent” payee defence to the tort of...

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Awards and Recognition

  • The Canadian Legal Lexpert Directory: Recognized in Litigation – Securities; Class Actions
  • Best Lawyers in Canada: Recognized in Class Action Litigation; Corporate and Commercial Litigation
  • Benchmark Litigation Canada: Recognized in Dispute Resolution; Securities; Commercial (Litigation Star)

Media Mentions

  • Osler News Dec 4, 2020

    Osler advises on three of Lexpert’s Top 10 Cases of 2019-2020

    Osler is pleased to announce it has been recognized in three of Lexpert’s Top 10 Cases of 2019–2020 and has also received an honorable mention.

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  • Osler News Jan 27, 2020

    29 Osler lawyers recognized in Benchmark Litigation 2020

    Osler is proud to announce that 29 of our litigation lawyers appear in Benchmark Litigation’s 2020 issue of Benchmark Canada, their annual...

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  • Osler News Apr 17, 2018

    25 Osler lawyers recognized in Benchmark Litigation 2018

    Osler is proud to announce that 25 of its lawyers appear in Benchmark Litigation’s 2018 issue of Benchmark Canada, their annual publication...

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  • Media Mentions Apr 2, 2018

    Supreme Court sets out liability for auditors – Law Times

    In a recent 4-3 decision, the Supreme Court of Canada held that Deloitte & Touche breached the duty of care it owed to its client, Livent Inc.,...

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Speaking and Writing

Published Work

  • Recent Developments in Securities Litigation, Annual Review of Civil Litigation (2010), Todd L. Archibald and Randall Scott Echlin, ed. (with Mark A. Gelowitz).
  • The Oppression Remedy (looseleaf) (with David Morritt and Sonia Bjorkquist).
  • Commentary: Securities Litigation, Canadian Securities Law Reporter (with Alexander Cobb).
  • An Update of Recent Securities Law Decisions: Sears, Re AIT and Felderhof, The Twelve Minute Securities Lawyer 2008, Law Society of Upper Canada (May 2008) (with Adam Hirsch and Ian Matthews).
  • Supreme Court of Canada Dismisses Appeal in Danier Leather, Osler Update, October 2007.

Credentials

Education

  • McGill University, LL.B.
  • McGill University, B.A.

Languages

  • English

Professional Affiliations

  • Canadian Bar Association
  • Canadian Bar Association (Ontario)
  • Advocates Society